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Covington police officer who arrested football refs appeals demotion

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Covington police officers escort a referee off the field during a prep football game Oct. 11. Two referees were arrested for public intimidation during the game. Authorities later dropped the case against the referees. (Photo by Tana R.H. Stevenson)

A Covington Police officer who was demoted and suspended without pay for his role in the arrest of two high school football referees last year has filed an appeal with the city's fire and police civil service board, claiming the discipline imposed was "totally unreasonable and is devoid of a rational factual or legal basis." The appeal was filed Tuesday by an attorney for officer Stephen Short, who has served his 10-working day suspension is expected back on duty this week, officials said.

The disciplinary action against the veteran officer was effective Dec. 30. Civil Service rules mandate that appeals must be filed within 15 days of the action.

Filed by Short's attorney, Michael Fawer, the appeal says that the notice of disciplinary action from the police department "misstates the critical facts" underlying the arrests of the two referees, and that Police Chief Tim Lentz determined that the officer should be penalized even before an investigation into the incident was conducted.

It also says Short's actions were "neither discourteous nor of a wantonly offensive nature toward the public" and were not contrary to public interest or policy. Finally, it states that "the disciplinary action imposed was arbitrary, capricious and not commensurate with any proven violation."

The civil service board is expected to meet within the next week to accept the appeal and set a hearing date, a spokesperson for the board said Wednesday.

"I anticipated it (the appeal) and we are prepared for it," Lentz said Wednesday.

The chief said Short's suspension ended Tuesday. Before he can return to duty, the officer must pass a fitness-for-duty evaluation, which he was to undergo Wednesday.

After a lengthy investigation into the controversial Oct. 11 arrest of two referees during a game between Mandeville High and St. Paul's School in Covington, Lentz and Mayor Mike Cooper announced two weeks ago that Short had been suspended and demoted from lieutenant to sergeant. The arrests made national headlines and exposed the Police Department to potential liability, the police chief said.

Lentz said Short violated several departmental policies by his actions and failed to display a working knowledge of laws and ordinances in force in the city and state, as well as procedures and standards of the department.

In announcing the disciplinary action, Cooper and Lentz said in the joint statement: "When an officer uses poor judgment, it can affect not only those involved in the incident, but also our agency's relationship with the community as a whole. We value greatly the partnership between the citizens of Covington and our police department, and we want our residents to know that we are taking the steps necessary to regain their full confidence."

Tim Lentz

The two referees were booked with public intimidation after one of them asked Short to move Mandeville fans who were near the sideline to the other side of a border fence and into the stands. An argument ensued and another referee joined the confrontation as the game came to an abrupt halt.

Other Covington Police officers came to the scene, including Capt. Jack West, who at the time was the department's acting chief. The game was stopped as the incident unfolded, but later resumed. The two referees were taken into custody and brought to the St. Tammany Parish jail. They were later released on $250 bond each.